Late last year, the Defense Department also issued its long-awaited ā€œInstruction on Civilian Harm Mitigation and Response,ā€ which established the Pentagonā€™s ā€œpolicies, responsibilities, and procedures for mitigating and responding to civilian harm.ā€ The document,Ā mandatedĀ under the 2019 National Defense Authorization Act, and approved by Austin,Ā directs the militaryĀ to ā€œacknowledge civilian harm resulting from U.S. military operations and respond to individuals and communities affected by U.S. military operations,ā€ including ā€œexpressing condolencesā€ and providingĀ ex gratia paymentsĀ to next of kin.

But despite $15 million allocated by Congress since 2020 to provide just such payments and despite members of CongressĀ repeatedlyĀ calling onĀ the Pentagon to make amends for civilian harm, it has announced just one such payment in the years since.